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By-law No. 2007-121
"A By-law to Require Adequate and Suitable Heat for
Rented or Leased Residential Accommodation"
Originally Passed and Enacted June 18, 2007
Amended by By-law:
Passed On:
Not Amended
Consolidated Version
Revised and Verified February 18, 2014
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracies of these by-laws,
they are not official versions or legal documents. The original by-laws should be
consulted for all interpretations and applications on this subject. For more
information or original signed copies of by-laws please contact the City Clerk's
Department.
BY-LAW NO. 2007-121
A BY-LAW TO REQUIRE ADEQUATE AND SUITABLE
HEAT FOR RENTED OR LEASED RESIDENTIAL
ACCOMMODATION
THE CORPORATION OF THE CITY OF OWEN SOUND
WHEREAS it is provided by the Ontario Municipal Act, S.O.
2001 Part II General Municipal Powers, Section 11 Broad authority,
lower-tier and upper-tier municipalities, the city of Owen Sound may
pass by-laws protecting the health, safety and well-being of persons,
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This By-law may be cited as the "Heat By-law"
2.
INTERPRETATION
2.1
For the purposes of this By-law the following terms shall have the
corresponding meanings:
2.2
City means the Corporation of the City of Owen Sound;
2.3
Council means Council of the City;
2.4
Person includes a corporation, organization, association, partnership
and the like;
2.5
Officer includes a Police Officer appointed pursuant to the Police
Services Act, a Municipal Law Enforcement Officer appointed pursuant
to the Municipal Act or Police Services Act, a Chief Building Official
appointed or constituted under the Building Code Act, a Building
Inspector and Property Standards Officer as appointed under the
Building Code Act, a Fire Inspector including the Fire Marshall, an
assistant to the Fire Marshall, and Fire Chief for the provisions of the
Fire Protection and Prevention Act.
3.
GENERAL PROHIBITIONS
3.1
Every building or part of a building which is rented or leased as a
dwelling or living accommodation and which, as between the tenant or
lessee and the landlord, is normally heated by or at he expense of the
landlord shall, between the 15th day of September in each year and the
31st day of May of the following year, be provided with adequate and
suitable heat by or at the expense of the landlord; and for the purpose of
this by-law "adequate heat" means that the minimum temperature of the
air in the accommodation which is available to the tenant or lessee is
consistently not less than 21 degrees Celsius or 70 degrees Fahrenheit,
and "suitable heat" means that the heat source is compliant with the
provisions of the Ontario Building Code and does not pose health or
safety risk to the tenant or lessee.
3.2
The Chief Building Official or any person acting under his/her
instructions, upon the written request of any tenant or lessee, or
person(s) acting on the behalf of the tenant or lessee, shall enter, inspect
and examine at any time the premises in which the dwelling or living
accommodation of such tenant or lessee is located, for the purpose of
determining whether adequate and suitable heat is being provided for
such dwelling or living accommodation; and any person in charge of
such premises for the time being, shall render aid and not impede such
inspection or examination.
Page 2
By-law 2007-121
3.3
No person shall obstruct, hinder, delay or prevent the Chief Building
Official or any person acting under his/her instructions, in the exercise
of any power conferred or any duty imposed of this by-law.
4.
Offence
4.1
Any person who contravenes the provisions of this By-law is guilty of an
offence and upon conviction therefore is subject to the penalty set out in
the Provincial Offences Act.
5.
Enforcement and Penalty
5.1
This by-law shall be enforced by the Enforcing Officers of the City of
Owen Sound as defined herein.
6.
TERMS SEVERABLE
6.1
The terms and provisions of this By-law shall be severable and should
any term or provision be found by a court of competent jurisdiction to be
legally unenforceable, in operative or invalid, the remainder of the By-law
shall continue to be in full force and effect.
7.
BY-LAWS REPEALED
7.1
By-law Number 3485 is hereby repealed.
8.
Effective Date
8.1
This By-law shall come into full force and effect upon the final passing
thereof and receipt of approval of short form wording under the
Provincial Offenses Act.
FINALLY PASSED AND ENACTED this 18th day of June, 2007.
___Signature on File
Mayor
______________
__Signature on File
Clerk
_______________